Jammu and Kashmir High Court quashes PSA detention of two religious clerics

The High Court of Jammu and Kashmir and Ladakh on Friday quashed preventive detention orders passed against two religious clerics, namely Mushtaq Ahmed Bhat @ Veeri and Molvi Abdul Rashid Sheikh @ Dawoodi. [Mushtaq Ahmad Bhat @ Veeri v. UT of J&K; Molvi Ab. Rashid Sheikh v. UT of J&K] Two separate orders were passed to this effect. Justice Rajnesh Oswal ordered the release of Veeri whereas Justice Sanjay Dhar ordered the release of Dawoodi. Both clerics had been detained under the Jammu and Kashmir Public Safety Act in September 2022 on orders passed by the District Magistrate of Anantnag. In Veeri's case, Justice Oswal found that the grounds cited for detention were vague, particularly with respect to the allegations that Veeri had been delivering “anti-national speeches.” “No date, month and year of the alleged delivering of anti-national speeches have been mentioned in the grounds of detention. Law is well settled that order of preventive detention cannot be issued on vague grounds as it disables the detenue to make effective and purposeful representation against the same,” Justice Oswal said. Appearing for Veeri, advocate Shafqat Nazir also told the Court that the detaining authority was not informed that an earlier detention order on similar grounds had already been quashed by the High Court. He further submitted that Veeri was ready to furnish an undertaking that he would never make any hate speech or anti-national speech anywhere in the country, in any manner and mode. Justice Oswal, therefore, quashed the detention order against Veeri while ordering him to furnish an undertaking to the District Magistrate that he will not deliver any hate speech or anti-national speech on any occasion. In Dawoodi’s case, his counsel, advocate Asma Rashid argued that the detaining authority had issued the detention order mechanically without any application of mind. She submitted that the grounds of detention mentioned in the detention order were fabricated by the police in order to justify its illegal act of detaining Dawoodi. Justice Sanjay Dhar noted that there appeared to be a total non-application of mind and overzealousness on the party of the detaining authority. The judge also opined that certain documents part of the detention documents appeared to have been manipulated. Further, the Court was told that a representation made against the preventive detention through Dawoodi’s brother was not considered by the authorities. “The nonconsideration of the representation indisputably amounts to violation of constitutional safeguards provided the provisions of Article 22(5) of the Constitution,” the Court said. In view of this aspect as well, Justice Dhar proceeded to allow Dawoodi's petition to quash the preventive detention order. (Via Bar and Bench)